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(영문) 인천지방법원 2016.10.04 2015가합2535

영업금지

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. A. Around April 13, 2004, the Plaintiff is a company established for the purpose of multimodal transport arrangement business, ship and aircraft brokerage business, and transportation-related service business, and C was in office as the Plaintiff’s representative director and director at the company. (2) On May 20, 2014, the minutes of a temporary general meeting of shareholders were prepared to the effect that “A amendment of the articles of incorporation regarding the Plaintiff’s representative director, etc., the Plaintiff’s representative director and in-house director service; C has made a resolution of a general meeting of shareholders that the Plaintiff shall resign from the Plaintiff’s office director; and D shall elect E as a new representative director; and around May 22, 2014, C’s representative director and in-house director registration and E’s appointment registration were completed.

3) Around September 11, 2014, as Seoul Central District Court Decision 2014Gahap4534, the Plaintiff’s provisional shareholders’ meeting held as of May 20, 2014, which was the Seoul Central District Court Decision 2014Gahap4534, and the Plaintiff did not go through legitimate general shareholders’ meeting and did not actually have been held, and accordingly, C filed a lawsuit seeking confirmation of the invalidity of the resolution to appoint a representative director. Accordingly, the above court rendered a judgment that “the Plaintiff’s temporary shareholders’ meeting as of May 20, 2014 becomes final and conclusive as of February 18, 2015.” Meanwhile, the said judgment held a provisional shareholders’ meeting as of December 5, 2014, which was in the proceeding of the said lawsuit, and adopted a provisional shareholders’ meeting as of May 20, 2014, which was ratified by the temporary shareholders’ meeting as of May 20, 2014.

B. On June 3, 2014, C established the Defendant who runs the same kind of business as that of the Plaintiff and took office as the Defendant’s internal director. 2) F, G, etc. were admitted to the Defendant after withdrawal from the Plaintiff. They set aside the Plaintiff, and the transaction list stating the name, telephone contact address, e-mail, facsimile number, etc. of the Plaintiff’s transaction partner or the person responsible for the transaction.